Tuesday, August 28, 2018

The person who files the wrongful death case must be appointed by the probate court. This is called the “personal representative or Plaintiff.” This person is usually a close relative of the victim, such as a parent, child, or spouse. Occasionally, the court will appoint a trustee or administrator. Note that a civil lawsuit is different from a criminal prosecution, where the State (through a prosecuting attorney) brings charges. Often the criminal case and wrongful death civil case proceed at the same time and are structurally very similar.

Tuesday, August 21, 2018

Not every attorney has the experience, skill and reputation to handle a wrongful death case. After all, there is no greater time of need for a respected, aggressive, and intelligent attorney than when a loved one is killed by the negligent or criminal act of another person. After the shock, grief and anger begin to subside, you may find yourself asking:

“What is a ‘wrongful death’?”

“Wrongful death” is a legal term for a civil lawsuit in which damages are sought against another person who caused a death. The lawsuit is typically filed by close relatives of the victim against the other party, either directly or against the company, business or other entity that caused the death. The lawsuit seeks monetary….